L’Oreal Loses EU Court Challenge Over Botox-Like Trademarks

L’Oreal SA (OR)’s effort to register
trademarks that sound similar to Botox, a wrinkle treatment made
by Allergan Inc. (AGN), was rejected by the top European Union court.

The EU Court of Justice backed the earlier refusals by the
EU trademark office for L’Oreal to own the rights to the words
“botolist” and “botocyl” for cosmetic products.

“The use of the marks at issue would take unfair advantage
of the reputation of the ‘Botox’ trademarks,” according to a
court statement today.

Botox, Allergan’s top-selling drug, is a purified form of
the poison botulinum, which is given as an injection to paralyze
certain muscles and nerves to make patients appear more
youthful. L’Oreal, the world’s largest cosmetics maker, was
trying to “take advantage” of Botox’s reputation by using
similar names for cosmetics, Allergan had told a lower court.

“This court ruling reinforces Allergan’s position that the
Botox name should only be used in relation to Allergan’s
product,” said Janet Kettels, a spokeswoman for the company.